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Short Cuts: Do we Need Regulations to Adapt to the New World of Digital Assets?
The Reves test, which is less commonly discussed than the Howie test, comprises two main components: the "family resemblance" test and the "horizontal common enterprise" test. The former assesses whether an investment contract resembles traditional investment vehicles like stocks, equities, and bonds, while the latter examines the extent to which an investor's fortunes are intertwined with those of the issuer. Despite the existence of these tests, there is a growing consensus that current legal frameworks, such as the Howie test derived from a 1946 Supreme Court case, may be outdated, particularly in the context of digital assets. The SEC, under Chairman Gensler, has maintained that existing regulations are sufficient, a stance met with skepticism by many who argue that the rapid evolution of digital assets necessitates updated rules. This skepticism is underscored by multiple lawsuits against the SEC, where judges have either ruled against the commission or highlighted the complexities and ambiguities of current regulations, indicating a pressing need for clearer guidelines in the digital asset space.
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